Özet:

It is known that the relatives are sometimes in conflict about where the body will be buried. Thus, before identifying who is authorized to decide where to be the body, we need to say that it is primarily a problem about the personal rights. A person has a right to dispose of his dead body while he is alive. The authorization about this issue primarily belongs to the person who dies. Even though the personality ends with death, the will and the demands that a person expresses when he is alive should be considered. Thus, the principle of protection of personal rights after death is accepted. This principle gives a chance to the relatives to bring a law suit against those who does not fulfill the will of the dead person. If the clear or default will of the dead person about where to bury his body cannot be identified, the relatives should be consulted. However, in this case it needs to be identified who has priority when there is a conflict between the relatives. This authorization which is considered of personal right should be identified according to the life of the dead person. This means that the relationship and the emotional density between the dead person and the others when he is alive should be considered. It is obvious that the spouse and the blood relatives come to mind first. However, it would not be correct to come to limit this authorization with the family which is defined in Family Law. Thus, it must be considered that the relationship between the dead person and the people who are in the family or not in the family.

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